In the detailed judgment in the 2008 Malegaon Blast case, the special court said that no evident was brought to find notice on claims of ill-topic and out of the document to Pragya Singh Thhaphic. The court said that thakur had the remedy to mention about it when she was produced before the court after her arrest for remand. It is referred to an earler order of the Supreme Court order which observed that she was produced before a magistrate court on October 24, 2008, after her arrest, but had not made any complaint Order of remand challenged.
“The remedies were available at that time to A-1 (accused 1, pragya singh thakur). Pertaining to Ill-Treatment and Torture Had Denied / Except the Bare Content, there is no evident to my notice and I am not in. Learned Advocate for A-1 on this point, “The court said. Thakur had claimed that she was taken into Illegal Custody of the ats and was mercilessly beaten, tortured and ill treted due to which she Continues to face health.
Other accused too had submitted that they had faced custodial violence at the hands of the accused. Lt Colla Purhit had complained of ill-trhatment and his first appearance before the court in 2008 and was taking to the military hospital for a check-up.
Subsequently, however, he was sent to the ats’ custody and in the next hearing did not speak of any complaints. The court has claimed that the Medical Papers did show some injuries he had told the court on the second hearing that he had no complaints, the complaint does not survive. The court said that policymen had denied the suggestions and there was no other proof. On similar allegations by Sameer Kulkarni Too, The Court said that the allegations of Ill-Treatment was not provided but the allegations of illegal detenance are in for consider. Kulkarni was brought from bhopal on October 24, 2008 by ats officials on a seven-seater private charter of India bull aviations Pvt Ltd, and was shown arrested on October 28, 2008.
The Court also Took into Consideration Testimonies of Witnesses, Some of Whom Claimed That They Had Threatened and Tortured, Including Being Made To Give Fals Injury on his ear. One of the witnesses had also approached the state human rights commission. While the prosecution had claimed that no complaint was made to authorities, the court not not that it has been due to future apprehens and refused to consider these statements. One witness had also claimed that ats officials were asking him to take names of yogi adityanath and others.
“It is necessary to mention that, non-lodging a report against the officials does not mean that the testimony of witness to be disbieres to be disbelieved. Immediated to Police Officer, Considering the Future Apprement or CONGEQUENCESS, “It said, add that not everyone dars to lodge a complaint about.
“It is also necessary to mention that, two Prime Investigating agencies were involved in this matter IE ats and nia. Thereof, the allegations, Illegal Developed exclusively and no such accusations are about. The treatment give by ats officials to the witnesses is self-sufficient which raises serious concern and credit concern of evident by collecting the course of the course
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The court also said that there was no evident on record to show that purohit was permitted to join the specific organism, abhinav bharat, as he had done that he was part of it as a mility in. Raise sources.
“The Collection of Information By Mixing Up Other Members of the Trust To Raise The Sources are different than aspect than actually joining the Trust as a Member of Trustee,” The Court Said. ” It said his membership would not be illegal per say, but charges by ats and nia show that he was founder of the organism and had collected funds with Control over its financial transaction. “Nothing Material (has) Come on Record to Show that all those allegations or charges were fake, basless and all those acts are done by acrohit 9 (purohit) with the permission of his superior Officer. Prosecution failed to prove the charged against the accused in the absence of cogent evident does not mean that all the charges were basless or without foundation, “it said.